Toyoda Gosei Co., Ltd. ("Toyoda Gosei")(President: Mr. Takashi
Matsuura) announced today that it has filed a patent infringement lawsuit
against Nichia Corporation in the Osaka District Court seeking injunction
against Nichia Corporation's manufacturing, use, sale and offering
for sale of the gallium nitride based Blue LED. Concerning the subject
patent, as were previously covered in news reports, the Supreme Court
rejected, on September 14, 2001, Nichia Corporation's appeal against
the Judgment of Tokyo High Court annulling the trial decision for invalidation
of patent given by the JPO, and thus, Toyoda Gosei has won the litigation.
The patent, Japanese Patent No. 2737053, entitled "A Light-Emitting
Gallium Nitride-Based Compound Semiconductor Device", relates to
a basic composition of a LED device having a double-hetrostructure with
an un-doped active layer, allowing the light-emitting efficiency to
be improved.
Please note that Toyoda Gosei withdrew today the lawsuit that has been
pending at Tokyo District Court seeking injunction prohibiting Nichia
Corporation's manufacturing and sale based on the patent as Toyoda
Gosei considers the accused products is not currently offered for sale.
Toyoda Gosei has been developing Blue LED as a pioneering enterprise
ahead of Nichia Corporation. Toyoda Gosei has been litigating against
Nichia Corporation with respect to a number of patents, etc., and will
continue asserting to enforce its intellectual property rights.